At a special city council meeting Tuesday night, it was announced that the Aledo Taco Bell final plat will be approved no later than July 11 based on operation of law.
“At council’s last meeting, the final plat was denied by action of the council. Then it was requested that a written statement be provided on the specific reasons from the subdivision ordinance on why — the reasons for that particular denial. That is required by state law,” Fritz Quast, an attorney representing the city of Aledo, said. “And it is our opinion that the statement cannot be [given], therefore, the plat will be approved by operation of law no later than July 11, 2020.”
According to the Texas Municipal League on House Bill 3167, a municipal authority or governing body that disapproves a plat shall provide the applicant a written statement of the conditions for the reasons for disapproval that clearly articulates each specific condition for the reason of disapproval. Each reason must be directly related to the requirements under the subdivision platting law and include a citation to the law, including a statute or municipal ordinance, that is the basis for the disapproval and the reason(s) may not be arbitrary.
The Taco Bell, which is to be operated by Southern Multifoods, received pushback from residents who spoke out at two city council meetings against the approval. The property is by the CVS at the intersection of Farm-to-Market Road 1187 and Bailey Ranch Road.
Residents’ primary concern was the location of the Taco Bell being in the “gateway” of Aledo. However, Fort Worth Attorney Marcella Olson representing Southern Multifoods said there wasn’t valid grounds to deny the final plat.
“The preliminary plat, which included two lots, was unanimously recommended for approval by the planning and zoning commission and unanimously approved by the council. The final plat is consistent with the preliminary plat, city staff’s report reflects that,” Olson said at the June 25 city council meeting. “We understand that in the last few weeks there’s been opposition to the Taco Bell; however, the use of the property is governed by the zoning and opposition to its use it not valid grounds for denying a plat.”
At the June 25 meeting, the council denied the final plat for Taco Bell in a 4-1 vote, Place 2 Councilmember Matt Ribitzki voting against the denial.